Virginia Statewide Rule

Virginia Polystyrene Food Container Phase-Out Under Code 10.1-1424.4

Some RestrictionsApplies statewide across Virginia (2026)

Virginia Code § 10.1-1424.3 phases out expanded polystyrene single-use food service containers: food vendors with 20 or more locations had to comply by July 1, 2025, and all food vendors by July 1, 2026.

Key Facts

Statute: Va. Code § 10.1-1424.3
Chains (20+ locations): Comply by July 1, 2025
All food vendors: Comply by July 1, 2026
Hardship waiver: Up to one year (DEQ)
Civil penalty: $50 per day per location

Source: Virginia Legislative Information System

Full Breakdown

Virginia enacted a phased polystyrene foam container ban under Code § 10.1-1424.3. Food vendors operating chains with 20 or more locations had to stop dispensing food in expanded polystyrene containers by July 1, 2025, and all food vendors must comply by July 1, 2026. The Department of Environmental Quality may grant one-year hardship waivers. The law preempts local foam regulation while encouraging recyclable or compostable alternatives.

Violations & Penalties

Violators face civil penalties up to $50 per day per location issued by the Department of Environmental Quality. Repeat or willful violations may trigger formal compliance orders, with continuing violations accruing additional daily penalties.

Frequently Asked Questions

Does the ban cover polystyrene cups?

The ban covers expanded polystyrene single-use food service containers, including cups, plates, bowls, and clamshells used for prepared food.

Can a small restaurant get an extension?

Yes. Vendors may apply to DEQ for a one-year hardship waiver if compliance creates undue financial hardship.

Sources

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